Best Motorcycle Accident Lawyers in Modesto, CA

FAQs

• What is the non-emergency contact number for the local police station in Modesto, California?

  You can dial 209-552-2470 to reach the Modesto Police Department for non-emergency matters.

• Where can you get a copy of the police report for the accident in Modesto, California?

  To request a copy of a Modesto incident report, visit the main police station at 600 Tenth Street, Modesto, CA 95354. Fill out a request form with your name, address, phone number, and reason for the request. Call 209-572-9580 to confirm page count, print a Report Request Form, and send it with payment to Modesto Police Department, 600 10th Street, Modesto, CA 95354.

• What defines negligent behavior in relation to motorcycle accidents in Modesto?

  With regards to motorcycle accidents in Modesto, negligence is the failure to exercise the necessary caution to avoid causing harm. For instance, if a vehicle driver doesn't maintain proper awareness and fails to spot a motorcyclist until it's too late, this behavior falls under negligence. Such a classification aligns with the stipulations of California Civil Law CACI No. 401.

• Can a motorcyclist in Modesto sue for damages if they are injured in an accident caused by another party's negligence?

  Yes, in Modesto, an injured motorcyclist has the right to sue if their accident resulted from another party's negligence. Under California's comparative fault law, multiple parties could be found responsible, from other drivers to the motorcycle manufacturer, road maintenance authorities, or even the motorcyclist's passenger. Engaging a seasoned personal injury lawyer is recommended to ascertain all accountable parties and obtain maximum recompense.

• How long does an injured motorcyclist in Modesto have to file a personal injury lawsuit after a motorcycle accident?

  In Modesto, injured motorcyclists typically have a two-year window to lodge a personal injury lawsuit against the party at fault. Nevertheless, it is beneficial to take action promptly. Doing so while evidence is still fresh and readily available, including security footage and witness testimonies, enhances the strength of the case. Therefore, motorcyclists must act swiftly post-accident to secure the best outcome.

• In Modesto, how might not wearing a helmet during a motorcycle accident affect the ability to claim compensation?

  Even without a helmet, a motorcyclist involved in an accident in Modesto maintains the right to pursue compensation for their injuries. However, their compensation might be reduced under California's pure comparative negligence laws. The motorcyclist could face scrutiny and stereotypes during the claim process, potentially impacting the claim's success. Despite this, the driver at fault would typically hold a larger portion of liability, ensuring the motorcyclist receives some level of compensation.

• How does the lack of insurance affect a motorcyclist in Modesto who is involved in an accident?

  California's "No Pay, No Play" rule, established by Proposition 213, significantly impacts uninsured motorcyclists in Modesto. If they're involved in a collision, their ability to recover damages becomes limited. They can recoup some economic damages like healthcare costs, lost earnings, and property damage, assuming the other party is liable. However, they cannot claim non-economic damages such as distress, suffering, or disfigurement. Hence, maintaining the minimum required insurance is vital in California.

• What does a motorcycle accident attorney do?

  Motorcycle accident attorneys provide legal advice, negotiate with insurance companies, and represent accident victims in and out of court. They investigate the cause of collisions, establish fault, value claims, prepare legal documents, and fight to recover adequate compensation for their clients. Most lawyers in this practice area also handle car and truck accidents and other personal injury claims.

• What is my motorcycle accident injury claim worth?

  Injured motorcyclists may be eligible for several types of compensation depending on their losses, state of residence, and level of fault. Whether or not they were wearing a helmet may also come into play. A lawyer can help to evaluate claims based on medical expenses, property damage, past and future lost wages, loss of earning capacity, pain and suffering, and emotional trauma.

• How long after a motorcycle accident can you claim an injury?

  The statute of limitations for personal injury claims is typically two years from the date of the accident. However, each state has its own rules. In Tennessee and Louisiana, for example, victims of motorcycle accidents have just one year to file a lawsuit. In Maine, Minnesota, and North Dakota, individuals have up to six years to initiate a claim.

• What is the average settlement for a motorcycle accident injury?

  Based on eight years of national data, the average verdict in motorcycle accident cases ranges from $74,000 to $560,000. Also note that the majority of claims are settled out of court. Riders may receive compensatory damages for medical bills, property damage, and lost wages, as well as general damages for emotional trauma, pain and suffering, and loss of consortium. Additionally, in states that follow a comparative negligence model, the plaintiff’s claim may be reduced according to his or her level of fault.

• What is the first thing I should do after a motorcycle accident?

  The steps that you take immediately after a collision can be instrumental in proving an accident or injury claim. In general, you should follow these guidelines:

  • Gather insurance and contact information from the other driver and any witnesses.
  • Contact law enforcement to report the collision and complete an accident report.
  • Document injuries, property damage, and road conditions.
  • Visit a doctor or hospital within 24 hours.
  • Avoid discussing the accident with the other driver or their insurance company.

  
  

• How does the motorcycle injury claim process work?

  Motorcycle accident cases typically start with an insurance claim. After documenting their client’s losses and establishing fault, attorneys generally prepare a demand letter requesting compensation from the other driver’s insurance company. It can take anywhere from one to six months for insurance adjusters to make a settlement offer. If the company denies the claim or the parties can’t reach an agreement, the lawyer can prepare a notice of intent to sue and file a formal lawsuit with the appropriate court.

• How do many motorcycle crashes happen?

  The most common causes for motorcycle collisions are drunk driving, exceeding the speed limit, and left turns. In 42% of all motorcycle collision fatalities, another vehicle turned left in front of an oncoming motorcycle. Motorcycle accidents are also caused by dangerous road conditions, such as crumbling pavement, debris in the road, and potholes. Other factors that contribute to motorcycle accidents include unsafe lane changes, sudden stops, lane splitting, inexperienced drivers, motorcycle defects, and car doors opened in the path of a motorcycle.

• How many motorcyclists get into accidents?

  In 2017, of the over 8 million motorcycle riders that year, approximately 89,000 were injured in motorcycle accidents and over 5,000 motorcycle collisions resulted in fatalities. The fatality rate for 100 million miles driven is 25.67, which is largely attributed to the lack of helmet use. Most fatal crashes involving motorcycles happened during the heaviest traffic times between 3 p.m. and 9 p.m.

• Are motorcycles more dangerous than cars?

  Motorcycles are more dangerous than cars because they lack any protection for the rider in the event of an accident. Motorcyclists are 27 times more likely to die in a crash and more than five times more likely to be injured than those riding in enclosed vehicles. Because of their small size, motorcycles’ lack of visibility is a major contributing factor in collisions with other vehicles. Motorcycles are also more vulnerable to weather conditions and road hazards than other automobiles.

• How do you check a motorcycle after a crash?

  For a minor crash with no injuries, the immediate danger is being struck again by oncoming traffic, so moving your bike off of the road as soon as possible is imperative. Check your mirrors, brake lights, headlight, and controls. You should also check to make sure there is no leaking fluid, such as fuel or oil.